RNI No. MAHENG/2009/35528

Reg. No. MH/MR/South-344/2014-16

¨É½þÉ®úÉ¹]Åõ  ¶ÉÉºÉxÉ  ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ  ¦ÉÉMÉ  +É`ö

´É¹ÉÇ 6, +ÆEò 21(2)]

¨ÉÆMÉ³ý´ÉÉ®úúú, VÉÚxÉ 24, 2014/+É¹ÉöÉfø 3, ¶ÉEäò 1936

[ {ÉÞ¹`äö 21, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 64

|ÉÉÊvÉEÞòiÉ  |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉvÉÒ ´É xªÉÉªÉ
Ê´É¦ÉÉMÉÉEòbÚ÷xÉ  +É±Éä±ÉÒ  Ê´ÉvÉäªÉEäò  (<ÆOÉVÉÒ  +xÉÖ´ÉÉnù).

In  pursuance  of  clause  (3)  of  article  348  of  the  Constitution  of  India,  the  following
translation in English of Spicer  Adventist  University  Act,  2014  (Mah.    Act    No.  XIV  of    2014),  is
hereby  published  under  the  authority  of  the  Governor.

By order and in the name of the Governor of Maharashtra,

H. B. PATEL,
Principal  Secretary  to  Government,
Law  and  Judiciary  Department.

——————-------

MAHARASHTRA ACT NO.  XIV OF  2014.

(First  published,  after  having  received  the  assent  of  the  Governor  in  the
‘‘ Maharashtra  Government  Gazette ’’,  on  the  24th  June  2014).

An  Act  to  provide  for  establishment,  incorporation  and  regulation  of
Spicer  Adventist  University  in  the  State  of  Maharashtra  for  higher
education  and  to  regulate  it’s  functioning  and  for  matters  connected
therewith  or  incidental  thereto.

WHEREAS  it  is  expedient  to  provide  for  the  establishment  and
incorporation  and  regulation  of  a  self-financed  university  in  the  State  by
the  name  Spicer  Adventist  University;  it  is  hereby  enacted  in  the  sixty-
fifth  Year  of  the  Republic  of  India  as  follows  :—

1.
Act,  2014.

(1)  This  Act  may  be  called  as  the  Spicer  Adventist  University

(2)  It  shall  be  come  into  force  on  such  date,  as  the  State  Government

may  by  notification  in  the Official  Gazette,  appoint.

Short  title
and
commence-
ment.

¦ÉÉMÉ  +É`öö--64-1

(1)

2

Definitions.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

2.

In  this  Act,  unless  the  context  otherwise  requires,––
(i) “Board  of  Management”  means  the  Board  of  Management

constituted  under  section  22  of  this  Act;

(ii) “campus”  means  the  area  of  University  within  which  it  is

established;

(iii) “distance  education”  means  education  imparted  by
combination  of  any  two  or  more  means  of  communication, viz.
broadcasting,  telecasting,  correspondence  courses,  seminars,  contact
programmes  and  any  other  such  methodology;

(iv) “employee”  means  any  person  appointed  by  the  University

and  includes  teachers,  officers  and  other  staff  of  the  University;

(v) “fee”  means  monetary  collection  made  by  the  University  or  its
colleges,  institutions  or  study  centers,  as  the  case  may  be,  from  the
students  by  whatever  name  it  may  be  called,  which  is  not  refundable;
(vi) “Government”  or  “State  Government”  means  the  Government

of  Maharashtra ;

(vii) “Governing  Body”  means  the  Governing  Body  constituted

under  section  21of  this  Act;

(viii) “higher  education”  means  pursuit  of  knowledge  beyond

learning  at  the  stage  of  school  education;

(ix) “hostel”  means  a  place  of  residence  for  the  students  of  the
University,  or  its  institutions  and  study  centers,  established  or
recognized  to  be  as  such  by  the  University;

(x) “notification”  means  a  notification  published  in  the Official

Gazette;

(xi) “Official  Gazette”  means  the Maharashtra Government Gazette  ;
(xii) “prescribed”  means  prescribed  by  statutes  or  ordinances  or

regulations,  as  the  case  may  be,    made  by  or  under  this  Act;

(xiii) “regulating  body”  means  a  body  established  by  the  Central
Government  for  laying  down  norms  and  conditions  for  ensuring
academic  standards  of  higher  education,  such  as  University  Grants
Commission,  All  India  Council  of  Technical  Education,  National
Council  of  Teacher  Education,  Medical  Council  of  India,  Pharmacy
Council  of  India,  National  Council  of  Assessment  and  Accreditation,
Indian  Council  of  Agriculture  Research,  Distance  Education  Council,
Council  of  Scientific  and  Indian  Research  etc.  and  includes  the
Government;

(xiv) “section”  means  a  section  of  this  Act;
(xv) “Sponsoring  body”  means  the  Ashlock  Education  Society,
Pune,  registered  as  a  Trust  under  the  Maharashtra  Public  Trusts  Act  ;

(xvi) “State”  means  State  of  Maharashtra;
(xvii) “statutes”, “ordinances” and “regulations” mean respectively,
the  statutes,  ordinances  and  regulations of  the  University  made  under
this  Act ;

(xviii) “student”  means  a  person  enrolled  in  the  University  for
taking  a  course  of  study  for  a  degree,  diploma  or  other  academic
distinction  instituted  by  the  University,  including  a  research  degree;
(xix) “study  center”  means  a  center  established  and  maintained
or recognized  by  the  University  for  the purpose  of advising,  counseling
or  for  rendering  any  other  assistance  required  by  the  students  in  the
context  of  distance  education  ;

XXIV  of
1950.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

3

(xx) “Teacher”  means  a  Professor,  Associate  Professor,  Assistant
Professor  or  any  other  person  required  to  impart  education  or  to
guide  research  or  to  render  guidance  in  any  form  to  the  students  for
pursuing  a  course  of  study  of  the  University;

(xxi) “University”  means  Spicer  Adventist  University,  Pune.

3.

(1) There  shall  be  established  a  University  by  the  name  of  Spicer

Incorporation.

Adventist  University,  Pune.

(2) The  President,  the  Vice-Chancellor,  the  governing  body,  the  board
of  management,  the  academic  council  and  all  other  persons  who  may
hereafter  become  such  officers  or  members  so  long  as  they  continue  to
hold  such  office  or  membership,  are  hereby  constitute  a  body  corporate  by
“Spicer  Adventist  University,  Pune”;

(3) The  University  shall  have  perpetual  succession  and  a  common

seal  and  shall  sue  and  be  sued  by  the  said  name.

(4) The  University  shall  function  as  a  non-affiliating  University
established  under  this  Act  and  it  shall  not  affiliate  any  other  college  or
Institute  for  the  award  conferment  of  degree,  diploma  and  certificate  of  its
degree  to  the  students  admitted  therein.

(5) The  University  shall  be  situated  and  have  its  head-quarters  at

Aundh  Road,  Ganeshkhind  Post,  Pune,  Maharashtra.

Objects  of
University.

4. The  objects  of  the  University  shall  be  as  follows,—

(a)  To  provide  learning,  teaching,  capacity,  capability  and  skills
development  and  research  and  development  in  higher  and  technical
education,  covering  Liberal,  Arts,  Humanities,  Social  Sciences,  Life
Sciences  and  Biotechnologies,  Nano-Sciences  and  Technologies,
Professional  Disciplines  such  as  Engineering,  Technology,
Management,  Business  and  Commerce,  Applied  and  Creative  Arts,
Vocational  Education,  Media,  Information  and  Communication
Technology  and  Education  per  se  and  their  inter-disciplinary  studies
and  development;

(b)  To  provide  instructions,  teaching  and  training  in  Higher  and
Technical  Education,  Arts,  Sports,  Culture,  Film,  Space  Technologies,
Marine  Research  and  make  provisions  for  research;

(c)  To  create  higher  level  of  cognitive,  affective  and  psychomotor

(head,  hearts  and  hands)  abilities;

(d)  To  create  higher  levels  of  intellectual  abilities;
(e)  To  create  and  deploy  new  educational  programs  to  promote
creativity,  innovation  and  entrepreneurship  for  inventing  of  new  ways
for  development  and  social  reconstruction  and  transformation;

(f)  To  establish  state-of-the-art  facilities  for  education  and

development;

(g) To carry out teaching and research and offer continuing quality

education  programmes;

(h)  To  create  centers  of  excellence  for  research  and  development
in  Science  and  Technology  and  Socio  Economic  development,  and  for
sharing  knowledge  and  its  application;

(i)  To  use  modern  and  post-modern  processes,  mechanisms  and
technologies  for  governance  and  management  of  learning,  teaching,
researching,  evaluating,  developing,  organizing  and  creating  socio-
economic  wealth  for  individuals  and  society  for  21st  century.;

(j)  To  provide  professional  and  development  services  to  the

industry  and  public  organizations  and  society;

(k)  To  start  higher  education  programs,  courses  in  new  and

emerging  areas  with  innovative  approaches;

¦ÉÉMÉ  +É`öö--64-1+

4

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

(l)  To  establish  links,  collaborations  and  partnerships  with  other

higher  education  and  research  institutions  in  India  and  abroad;

(m) To institute degrees, diplomas, certificates and other academic
distinctions  on  the  basis  of  examinations,  or  any  other  methods  of
evaluation;

(n) To establish innovative approaches for creation of seamlessness
in  academic  structures,  learning  time-frames,  and  working  and
continuous  evaluation  processes  for  nurturing  and  cultivation  of
creativity  and  entrepreneurship;

(o)  To  pursue  any  other  objectives  as  may  be  suggested  by  the

Government;

(p)  To  ensure  that  the  standard  of  the  degree,  diplomas,
certificates  and  other  academic  distinctions  conferred  by  a  university
are  not  lower  than  those  laid  down  by  the  All  India  Council  for
Technical  Education  or  the  National  Council  for  Teacher  Education
established  under  the  National  Council  for  Teacher  Education  Act,
1993  or  the  University  Grants Commission  Act,  1956  or  the  Pharmacy
Council  of  India  constituted  under  the  Pharmacy  Act,  1948  or  the  Bar
Council  of  India  constituted  under  the  Advocates  Act,  1961  or  any
other  statutory  body,  as  the  case  may  be.

73  of
1993.
3  of
1956.
8  of
1948.
25  of
1961.

Powers  and
Functions.

5. The  University  shall  have  the  following  powers  and  functions,

namely:  —

(i) to  make  provisions  and  adopt  all measures  (including  adoption
and  updating  of  the  curricula)  in  respect  of  study,  teaching  and
research,  relating  to  the  courses  through  traditional  as  well  as  new
innovative  modes  including  on-line  education  mode;

(ii) to  institute  and  confer  degrees,  diplomas,  certificates,  awards,

grades,  credits  and  academic  distinctions;

(iii) to  conduct  and  hold  examinations;

(iv) to  provide  for  the  degrees,  diplomas,  certificates,  equivalent
or  corresponding  to  the  degrees,  diplomas,  certificates  of  other
recognized  Universities,  Boards  or  Councils;

(v) to  take  all  necessary  measures  for  setting  up  campus;

(vi) to  set  up  central  library,  departmental  libraries,  museums

and  allied  matters;

(vii) to  institute  and  confer  honorary  degrees  as  may  be

prescribed;

(viii) to  institute  and  award  fellowships,  scholarships,

studentships  as  may  be  specified;

(ix) to  take  special  measures  for  spreading  educational  facilities

among  the  educationally  backward  strata  of  the  society;

(x) to  encourage  and  promote  sports  and  other  extra-curricular

activities;

(xi) to  create  technical,  administrative  and  other  necessary  posts

and  to  make  appointments  thereto;

(xii) to  undertake  research  projects  on  mutually  acceptable  terms

and  conditions;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

5

(xiii) to  provide  consultancy  services;

(xiv) to  frame  statutes,  ordinances,  rules  and  regulations  for
carrying  out  the  objects  of  the  University  in  accordance  with  the
provisions  of  the  Act;

(xv) to  encourage  and  promote  co-curricular  activities  for
personality  development  of  the  teachers,  students  and  employees  of
the  University;

(xvi) to  provide  for  dual  degrees,  diplomas  or  certificates  vis-a—
vis other Universities on reciprocal basis within and outside the country
as per  instructions of  the State  Government, Government  of India  and
University  Grants  Commission;

(xvii) to  make  such  provisions  for  integrated  courses  in  different

disciplines  in  the  educational  programmes  of  the  University;

(xviii) to set-up colleges, institutions, off-campus centers, off-shore
campus  and  study  centres,  as  per  the  instructions  issued  by  the  State
Government,  Central  Government  and  University  Grants  Commission
from  time  to  time;

(xix) to  receive  donations,  gifts  and  grants  and  to  acquire,  hold,
manage  and  dispose  of  any  property,  movable  or  immovable,  including
trust  or  endowed  property  within  or  outside  Maharashtra  for  the
purpose  and  objects  of  the  University  and  to  invest  funds  in  such
manner  as  the  University  thinks  fit;

(xx) to  prescribe  the  fee  structure  for  various  courses  from  time

to  time  as  per  provisions  of  this  Act;

(xxi) to  demand  and  receive  payments  of  such  fees  and  other

charges  as  may  be  specified  from  time  to  time;

(xxii) to  seek  collaboration  with  other  institutions  on  mutually

acceptable  terms  and  conditions;

(xxiii) to determine salaries, remunerations, honoraria to teachers
and employees of the University in accordance with the norms, specified
by the  University Grants  Commission  and  the other  regulatory bodies;

(xxiv) to  organize  and  to  undertake  extra-mural  teaching  and

extension  services;

(xxv) to  establish  and  maintain  Halls  and  Hostels;

(xxvi) to  recognize,  supervise  and  control  Halls  and  Hostels  not
maintained  by  the  University  and  other  accommodation  for  the
residence  of  the  students  and  to  withdraw  any  such  recognition;

(xxvii) to  regulate  and  enforce  discipline  among  students  and
employees  of  the  University  and  to  take  such  disciplinary  measures
as  may  be  deemed  necessary;

(xxviii) to  make  arrangements  for  promoting  health  and  general

welfare  of  the  students  and  the  employees  of  the  University;

(xxix) to  co-operate  with  any  other  University  in  and  outside  the
country,  authority  or  any  public  or  private  body  having  in  view  the
promotion  of  purposes  and  objects  similar  to  those  of  the  University
for such purposes as may be agreed upon, on such terms and conditions
as  may,  from  time  to  time,  be  specified;

6

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

University
open  to  all.

University  to
be  Self-
Financed.

Endowment
Fund.

(xxx) to  provide  for  the  printing,  re-printing  and  publication  of
research  and  other  work,  including  text  books,which  may  be  issued  by
the  University;

(xxxi) to  do  all  such  things  as  may  be  necessary,  incidental  or
conducive to the attainment of all or any of the objects of the University;

(xxxii) to comply with and carry out directives issued by the State
Government  from  time  to  time,  with  reference  to  above  powers,  duties
and  responsibilities  of  the  University;

(xxxiii) to  comply  and  follow  from  time  to  time  the  provisions  of
the  University  Grants  Commission  (Establishment  and  Maintenance
of Standards  in  Private  Universities)  Regulations,  2003  or  any  other
regulations  or  directions  issued  by  the  University  Grants  Commission.

6.

(1) No  citizen  of  India  shall  be  excluded  from  any  office  of  the
university  or  from  membership  of  any  of  its  authorities,  bodies  or
committees,  or  from  appointment  to  any  post,  or  from  admission  to  any
degree,  diploma,  certificate  or  other  academic  distinction  or  course  of
study  on  the  ground  only  of  sex,  race,  creed,  class,  caste,  place  of  birth,
religious  belief  or  profession,  or  political  or  other  opinion;

(2) The  university  shall  adopt  government  policy  and  orders  issued,
from  time  to  time,  in  regard  to  the  reservation  for  Scheduled  Castes,
Scheduled  Tribes  Denotified  Tribes  (Vimukta  Jatis)/Nomadic  Tribes  and
Other  Backward  Classes  employees  and  for  the  purpose  of  admission  of
students  in  the  University  departments  and  institutions.

(3) The  University  shall  adopt  the  general  policy  of  the  State
Government  in  regard  to  the  welfare  of  various  categories  of  weaker
sections  of  the  society  and  minorities  as  directed  by  the  State  Government
from  time  to  time.

7. The  University  shall  be  self-financed  and  it  shall  not  be  entitled
to  receive  any  grant  or  other  financial  assistance  from  the  Government.

8.

(1) The  sponsoring  body  shall  establish  a  permanent  statutory
Endowment  Fund  for  the  University  with  an  amount  of  5  crore  rupees
which  may  be  increased suo  moto  but  shall  not  be  decreased.

(2) The  Endowment  Fund  shall  be  kept  as  security  deposit  to  ensure
strict  compliance  of  the  provisions  of  this  Act,  rules,  regulations,  statutes
or  ordinances  made  thereunder.

(3) The  Government  may  have  the  powers  to  forfeit,  in  the  prescribed
manner,  a  part  or  whole  of  the  Endowment  Fund  in  case  the  University  or
the  sponsoring  body  contravenes  any  of  the  provisions  of  this  Act,  rules,
statutes,  ordinances  or  regulations  made  thereunder.

(4) Income from Endowment Fund shall be utilized for the development
of  infrastructure  of  the  University  but  shall  not  be  utilized  to  meet  out  the
recurring  expenditure  of  the  University.

(5) The  amount  of  Endowment  Fund  shall  be  kept  invested,  until  the
dissolution  of  the  University,  by  way  of  long  term  securities  received  or
guaranteed  by  the  Government  subject  to  the  condition  that  this  Fund
shall  not  be  withdrawn  without  the  permission  of  the  Government.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

7

(6) The  certificates  of  the  long  term  securities  shall  be  kept  in  the
safe  custody  of  the  Government;  and  the  Government  shall  have  the  right
to  encash  the  deposit  amount  for  the  purpose  mentioned  in  sub-section  (3).

9. University  shall  also  establish  a  fund,  which  shall  be  called  the

General  Fund  to  which  following  shall  be  credited,  namely  :—

General
Fund.

(i)  fees  and  other  charges  received  by  the  University;

(ii)  any  contribution  made  by  the  sponsoring  body;

(iii)  any  income  received  from  consultancy  and  other  works

undertaken  by  the  University ;

(iv)  bequests,  donations,  endowments  and  any  other  grants ;  and

(v)  all  other  sums  received  by  the  University.

10. The  General  Fund  shall  be  utilized  for  meeting  all  expenses,
recurring  or  non-recurring  in  connection  with  the  affairs  of  the  University:
Provided  that  no  expenditure  shall  be  incurred  by  the  University  in
excess  of  the  limits  for  total  recurring  expenditure  and  total  non-recurring
expenditure  for  the  year,  as  may  be  fixed  by  the  board  of  management,
without  the  prior  approval  of  the  board  of  management.

11. The  following  shall  be  the  officers  of  the  University,  namely :—

(i)  the  President;

(ii)  the  Vice-Chancellor;

(iii)  Deans  of  Faculties;

(iv)  the  Registrar;

(v)  the  Chief  Finance  and  Accounts  Officer;

(vi)  the  Controller  of  Examinations;  and

Application
of General
Fund.

Officers  of
the Univer-
sity.

(vii)  Such  other  persons  in  the  service  of  the  University  as  may

be  declared  by  the  statutes  to  be  the  officers  of  the  University.

12.

(1) The  President  shall  be  appointed  by  the  sponsoring  body  for
a period of three years, with the approval of the Government in such manner.

President.

(2) The  eligibility  and  criteria  for  the  post  of  President  shall  be
prescribed  by  the  rules  and  regulations  issued  by  the  State  Government.

(3) The  President  shall  be  the  Head  of  the  University.

(4) The  President  shall  preside  over  at  the  meetings  of  the  Governing
Body  and  convocation  of  the  University  for  Conferring  Degrees,  Diplomas
or  other  academic  distinctions.

(5) The  President  shall  have  the  following  powers,  namely :—

(a) to  call  for  any  information  or  record;

(b) to  appoint  the  Vice-Chancellor;

(c) to  remove  the  Vice-Chancellor  in  accordance  with  the

provisions  of  sub-section  (7)  of  section  14  of  this  Act;

(d) such  other  powers  as  may  be  specified  by  the  statutes.

8

Removal  of
President.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

13. The  President  may  be  removed  from  his  office  by  the  sponsoring

body,  if  it  is  satisfied  that  the  incumbent  has,––

(a) Becomes  insane  and  stands  so  declared  by  a  competent

court;  or

(b) Been  convicted  by  a  court  for  any  offence  involving  moral

turpitude;  or

(c) Become  an  undischarged  insolvent  and  stands  so  declared  by

a  competent  court;  or

(d) Become  physically  unfit  and  incapable  of  discharging  the
functions  or  duties  of  the  office  due  to  protracted  illness  or  physical
disability  ;  or

(e) Willfully  omitted  or  refused  to  carry  out  the  provisions  of  this
Act  or  has  committed  breach  of  any  of  the  terms  and  conditions  of  the
service  contract  or  any  other  conditions  laid  down  by  the  Statutes,  or
has  abused  the  powers  vested  in  him  or  if  the  continuance  of  the
president  in  the  office  has  become  detrimental  to  the  interests  of  the
University :

Provided  that,  the  President  shall  be  given  a  reasonable
opportunity  to  show-cause  by  the  sponsoring  body  before  taking
recourse  to  clause  (d)  and  (e)  for  his  removal  from  the  said  office.

  Vice-
Chancellor.

14.

(1) The  Vice-Chancellor  shall  be  appointed  by  the  President,  on
such  terms  and  conditions  as  may  be  specified  by  statutes,  from  a  panel  of
three  persons  recommended  by  the  Governing  Body  and  shall,  subject  to
the  provisions  contained  in  sub-section  (7),  hold  office  for  a  term  of  three
years  :

Provided  that,  after  the  expiry  of  the  term  of  three  years,  a  person

shall  be  eligible  for  re-appointment  for  another  term  of  three  years  :

Provided  further  that,  the  Vice-Chancellor shall  continue  to  hold  office
even  after  the  expiry  of  his  term  till  new  Vice-chancellor  joins,  however,
in  any  case,  this  period  shall  not  exceed  one  year.

(2) The  Vice-Chancellor  shall  be  the  principal  executive  and  academic
officer  of  the  University  and  shall  have  the  superintendence  and  control
over the affairs  of  the  University  and  shall execute  the  decisions  of various
authorities  of  the  University.

(3) The  Vice-Chancellor  shall  preside  over  at  the  convocation  of  the

University  in  the  absence  of  the  President.

(4) If  in  the  opinion  of  the  Vice-Chancellor,  it  is  necessary  to  take
immediate  action  on  any  matter  for  which  powers  are  conferred  on  any
other  authority  by  or  under  this  Act,  he  may  take  such  action  as  he  deems
necessary  and shall  at the earliest opportunity thereafter,  report  his  action
to  such  officer  or  authority  as  would  have  in  the  ordinary  course  dealt
with  the  matter  :

Provided  that,  if  in  the  opinion  of  the  concerned  officer  or  authority
such  action  should  not  have  been  taken  by  the  Vice-Chancellor,  then  such
case  shall  be  referred  to  the  President,  whose  decision  thereon  shall  be
final.

(5) If,  in  the  opinion  of  the  Vice-Chancellor,  any  decision  of  any
authority  of  the  University  is  outside  the  powers  conferred  by  this  Act  or

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

9

statutes,  ordinances,  regulations  or  rules  made  thereunder  or  is  likely  to
be  prejudicial  to  the  interests  of  the  University,  he  shall  request  the
concerned  authority  to  revise  its  decision  within  fifteen  days  from  the
date  of  decision  and  in  case  the  authority  refuses  to  revise  such  decision
wholly or  partly  or  fails to  take any  decision within  fifteen days,  then such
matter  shall  be  referred  to  the  President  and  his  decision  thereon  shall  be
final.

(6) The  Vice-Chancellor  shall  exercise  such  powers  and  perform  such

duties  as  may  be  specified  by  the  statutes  or  the  ordinances.

(7) If  at  any  time  upon  representation  made  or  otherwise  and  after
making such inquiry as may be deemed necessary, the situation so warrants
and  if  the  continuance  of  the  Vice-chancellor  is  not  in  the  interests  of  the
University,  the  President  with  approval  of  governing  body  may,  by  an
order  in  writing  stating  the  reasons  therein,  ask  the  Vice-Chancellor  to
relinquish  his  office  from  such  date  as  may  be  specified  in  the  order  :

Provided  that  before  taking  an  action  under  this  sub-section,  the  Vice-

Chancellor  shall  be  given  an  opportunity  of  being  heard.

15.

(1) The  Deans  of  Faculties  shall  be  appointed  by  the  President
in  such  manner  and  on  such  terms  and  conditions  of  service  as  may  be
specified  by  the  statutes.

Deans  of
Faculties.

(2) The Deans of Faculties shall assist the Vice-Chancellor in managing
the  academic  and  other  affairs  of  the  University  and  shall  exercise  such
powers and perform such functions as may be prescribed by the regulations
or  be  entrusted  by  the  President  and  Vice-Chancellor.

16.

(1) The  Registrar  shall  be  appointed  by  the  President  in  such
manner  and  on  such  terms  and  conditions  of  service  as  may  be  specified
by  the  statutes.

Registrar.

(2) The  Registrar  shall  be  the  chief  administrative  officer  of  the
University.  Subject  to  the  decision  of  the  authorities  of  the  University,  he
shall  have  the  power  to  enter  into  agreement,  contract,  sign  documents
and  authenticate  records  on  behalf  of  the  University.  He  shall  exercise
such  powers  and  perform  such  duties  as  may  be  specified  by  the  statutes.

(3) The  Registrar  shall  be  the  Member-Secretary  of  the  Governing
Body,  Board  of  Management  and  Academic  Council,  but  shall  not  have  the
right  to  vote.

(4) The  registrar  shall  be  the  custodian  of  the  records,  the  common
seal  and  such  other  property  of  the  University  as  the  Governing  Body
may,  commit  to  his  charge.

(5) The  registrar  shall  exercise  such  other  powers  and  perform  such
other  duties  as  prescribed  by  or  under  the  Act  or  assigned  to  him,  from
time  to  time,  by  the  Vice-Chancellor.

17.

(1) The  Controller  of  Examinations  shall  be  appointed  by  the
President  in  such  manner  and  on  such  terms  and  conditions  of  service  as
may  be  specified  by  the  statutes.

Controller  of
Examinations.

(2) The  Controller  of  Examinations  shall  be  the  Principal  officer-in-
charge  of  the  conduct  of  examinations  and  tests  of  the  University  and
declarations  of  their  results.  He  shall  discharge  his  functions  under  the
superintendence,  directions  and  guidance  of  the  Vice-Chancellor.

He  shall  be  a  full-time  salaried  officer  of  the  University  and  shall
work  directly  under  the  direction  and  control  of  the  Vice-chancellor  of  the
¦ÉÉMÉ  +É`öö--64-2

10

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University. His appointment shall be for a term of three years and he shall
be  eligible  for  reappointment  for  only  one  more  term  of  three  years.  The
qualifications  and  experience  for  the  purpose  of  selection  of  the  Controller
shall  be  such  as  may  be  prescribed.

(3)  The  Controller  of  Examination  shall  be  responsible  for :—

(a)  Preparing  and  announcing  in  advance  the  calendar  of

examinations;

(b)  Arrangement  for  printing  of  question  papers;

(c) Arrangement for the timely publication of result of examinations

and  other  tests;

(d)  Taking  disciplinary  action  where  necessary  against  the
candidates, paper-setters, examiners, moderators, or any other persons
connected  with  examinations  and  found  guilty  of  malpractices  in
relations  to  the  examinations;

(e)  Reviewing  from  time  to  time,  the  results  of  University
examinations  and  forward  reports  thereon  to  the  Academic  Council;

(f)  Controller  shall  exercise  such  other  power  and  perform  such

other  duties  as  may  be  prescribed  or  assigned  to  him.

Chief Finance
and  Accounts
Officer.

18.  (1)  The  Chief  Finance  and  Accounts  Officer  shall  be  the  principal

finance,  accounts  and  audit  officer  of  the  University.

(2)  The  Chief  Finance  and  Accounts  Officer  shall  be  appointed  in  such
manner and shall  exercise such powers and  perform  such duties as  may  be
specified  by  the  statutes.

Other Officers.

19.

(1)  The  University  may  appoint  such  other  officers  as  may  be

necessary  for  its  functioning.

(2)  The  manner  of  appointment  of  other  officers  of  the  University  and
their powers and functions shall be such as may be specified by the statutes.

20. The following  shall  be the authorities  of  the  University, namely :-

Authorities  of
University.

(a) The  Governing  body  ;

(b) The  Board  of  Management  ;

(c) The  Academic  Council  ;

(d) The  Board  of  Examinations  ;  and

 Governing
Body.

(e) Such  other  authorities  as  may  be  declared  by  the  statutes  to

be  the  authorities  of  the  University.

21.

(1)  The  Governing  Body  of  the  University  shall  consist  of  the

following  members,  namely :—

(a) the  President  ;

(b) the  Vice-Chancellor  ;

(c) five  persons,  nominated  by  the  sponsoring  body  out  of  whom
two  shall  be  eminent  educationists;  one  expert  of  management  or
information  technology  from  outside  the  University,  nominated  by  the
President;

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11

(d) two  persons,  nominated  by  the  State  Government  ;

(e) two  representatives  of  the  industries  to  be  nominated  by  the

president  ;

(f) the Registrar of the University who shall be a non-voting invitee

to  the  Governing  Body.

(2)  The  Governing  Body  shall  be  the  supreme  authority  of  the

University.

(3)  The  Governing  Body  shall  have  the  following  powers,  namely  :-

(a) to  provide  general  superintendence  and  directions  and  to
control  functioning  of  the  University  by  using  all  such  powers  as  are
provided  by  this  Act  or  the  statutes,  ordinances,  regulations  or  rules
made  thereunder;

(b) to  review  the  decisions  of  other  authorities  of  the  University
in  case  they  are  not  in  conformity  with  the  provisions  of  this  Act  or
the  statutes,  ordinances,  regulations  or  rules  made  thereunder;

(c) to  approve  the  budget  and  annual  report  of  the  University;

(d) to  lay  down  the  policies  to  be  followed  by  the  University;

(e) to  recommend  to  the  sponsoring  body  about  the  voluntary
liquidation  of  the  University  if  a  situation  arises  when  smooth
functioning  of  the  University  does  not  remain  possible,  in  spite  of  all
efforts;  and

(f) such  other  powers  as  may  be  prescribed  by  the  statutes.

(4)  The  Governing  Body  shall  meet  at  least  thrice  in  a  calendar  year.

(5)  The  quorum  for  meetings  of  the  Governing  Body  shall  be  five.

22.

(1)  The  Board  of  Management  shall  consist  of  the  following

members,  namely  :––

(a) the  Vice-Chancellor;

(b) two  members  of  the  Governing  Body,  nominated  by  the

sponsoring  body;

(c) two  Deans  of  the  University,  by  rotation,  to  be  nominated  by

the  Vice-Chancellor;

(d) three  persons,  who  are  not  the  members  of  the  Governing

Body,  nominated  by  the  sponsoring  body;  and

(e) three  persons  from  amongst  the  teachers,  nominated  by  the

sponsoring  body.

(2)  The  Vice-Chancellor  shall  be  the  Chairperson  of  the  Board  of

Management.

(3)  The  powers  and  functions  of  the  Board  of  Management  shall  be

such  as  may  be  specified  by  the  statutes.

(4)  The  Board  of  Management  shall  meet  at  least  once  in  every  two

months.

(5)  The  quorum  for  meetings  of  the  Board  of  Management  shall  be

five.

¦ÉÉMÉ  +É`öö--64-3

Board  of
Management.

12

  Academic
Council.

Board  of
Examination.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

23.

(1)  The  Academic  Council  shall  consist  of  the  Vice-Chancellor

and  such  other  members  as  may  be  specified  by  the  Statutes.

(2)  The  Vice-Chancellor  shall  be  the  Chairperson  of  the  Academic

Council.

(3)  The  Academic  Council  shall  be  the  principal  academic  body  of  the
University  and  shall,  subject  to  the  provisions  of  this  Act  and  the  rules,
statutes  and  ordinances  made  thereunder,  co-ordinate  and  exercise  general
supervision  over  the  academic  policies  of  the  University.

(4)  The  quorum  for  meetings  of  the  Academic  Council  shall  be  such  as

may  be  specified  by  the  statutes.

24.

(1) The Board of Examination shall be the authority for conducting
the  examination  and  making  policy  decisions  in  regard  to  organizing  and
holding  examinations,  improving  the  system  of  examinations,  appointing
the  paper–setters,  examiners  moderators  and  also  prepare  the  schedule  of
dates  of  holding  examinations  and  declaration  of  results.  The  Board  of
Examination  should  also  oversee  and  regulate  the  conduct  of  examinations
in  study  centers,  or  any  center  related  to  the  University.

(2)  The  Board  of  Examination  shall  consist  of  following  members

namely :—

(a)  The  Vice  Chancellor–Chairman;

(b)  The  Controller  of  Examination–Member–Secretary;

(c)  Professor  of  each  subject–Member;

(d)  One  evaluation  expert,  co-opted

by  the  Board  of  Examination–Member.

(3)  The  powers,  functions  and  terms  of  the  Board  of  Examinations

shall  be  such  as  may  be  laid  down  by  the  statutes.

Other
Authorities.

25. The  composition,  constitution,  powers  and  functions  of  other
authorities  of  the  University  shall  be  such  as  may  be  specified  by  the
statutes.

Dis-
qualifications.

26. A  person  shall  be  disqualified  for  being  a  member  of  any  of  the

authorities  or  bodies  of  the  University,  if  he,—

(i) is  of  unsound  mind  and  stands  so  declared  by  a  competent

court;  or

(ii) has  been  convicted  of  any  offence  involving  moral  turpitude;

or

or

(iii) is  conducting or  engaging himself  in  private  coaching  classes;

(iv) has  been  punished  for  indulging  in  or  promoting  unfair
practices  in  the  conduct  of  any  examination,  in  any  form,  anywhere.

27. No  act  or  proceeding  of  any  authority  or  body  of  the  University
shall be invalid merely by reason of any vacancy or defect in the constitution
thereof.

Vacancies  not
to  invalidate
the
proceedings
of any
authority or
body  of  the
university.

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13

28.

In  case  there  occurs  any  casual  vacancy  in  any  authority  or  body
of  the  University,  due  to  death,  resignation  or  removal  of  a  member,  the
same shall be filled, as early as possible, by the person or body who appoints
or nominates the member whose place becomes vacant and person appointed
or  nominated  to  a  casual  vacancy  shall  be  a  member  of  such  authority  or
body  for  the  residue  of  the  term  for  which  the  person  whose  place  he  fills
would  have  been  member.

Filling  of
casual
Vacancies.

29.

(1)  The  authorities  or  officers  of  the  University  may  constitute
committees  with  such  terms  of  reference  as  may  be  necessary  for  specific
tasks  to  be  performed  by  such  committees.

Committees.

(2) The constitution of such committees shall be such as may be specified

by  the  statutes.

30.

(1)  The  First  Statutes  of  the  University  shall  be  made  by  the
Governing Body and shall be submitted to the Government for its approval.

First
Statutes.

(2) Subject to the provisions of this Act, and the rules made thereunder,
the  First  Statutes  of  the  University  may  provide  for  all  or  any  of  the
following  matters,  namely:

(a) the  constitution,  powers  and  functions  of  the  authorities  and
other  bodies  of  the  University  as  may  be  constituted  from  time  to  time;

(b) the terms and conditions of appointment of the Vice-Chancellor

and  his  powers  and  functions;

(c) the manner of appointment and terms and conditions of service
of  the  Deans  of  Faculties,  Registrar  and  Chief  Finance  and  Accounts
Officer  and  their  powers  and  functions;

(d) the  manner  of  appointment  and  terms  and  conditions  of

service  of  the  employees  and  their  powers  and  functions;

(e) the  terms  and  conditions  of  service  of  employees  of  the

University;

(f) the  procedure  for  arbitration  in  case  of  disputes  between

employees,  students  and  the  University;

(g) the  conferment  of  honorary  degrees;

(h) the  provisions  regarding  exemption  of  students  from  payment
of  tuition  fee  and  for  awarding  to  them  scholarships  and  fellowships;

(i) provisions  regarding  the  policy  of  admissions,  including

regulation  of  reservation  of  seats;

(j) provisions  regarding  fees  to  be  charged  from  the  students;  and

(k) provisions  regarding  number  of  seats  in  different  courses.

(3)  The  Government  shall  consider  the  First  Statutes,  submitted  by
the  University  and  shall  give  its  approval  thereon  within  four  months
from the  date of  its  receipt with  such  modifications, if  any, as it  may deem
necessary.

(4)  The  Government  shall  publish  the  First  Statutes,  as  approved  by
it, in  the Official  Gazette and thereafter,  the  First  Statutes shall  come into
force  from  date  of  such  publication.

14

  Subsequent
statutes.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

31.

(1)  Subject  to  the  provisions  of  this  Act  and  the  rules  made
thereunder,  the  subsequent  statutes  of  the  University  may  provide  for  all
or  any  of  the  following  matters,  namely:

(a) creation  of  new  authorities  of  the  University;

(b) accounting  policy  and  financial  procedure;

(c) representation  of  teachers  in  the  authorities  of  the  University;

(d) creation  of  new  departments  and  abolition  or  restructuring  of

existing  department;

(e) institution  of  medals  and  prizes;

(f) creation  of  posts  and  procedure  for  abolition  of  posts;

(g) revision  of  fees;

(h) alteration  of  the  number  of  seats  in  different  syllabi;  and

(i) all  other  matters  which  under  the  provisions  of  this  Act  are  to

be  specified  by  the  statutes.

(2)  The  statutes  of  the  University  other  than  the  First  Statutes  shall
be  made  by  the  Board  of  Management  with  the  approval  of  the  Governing
Body.

(3)  The  Board  of  Management  may,  from  time  to  time,  make  new  or
additional  statutes  or  may  amend  or  repeal  the  statutes  so  made  in  the
manner  hereinafter  provided  in  this  section:

Provided  that,  the  Board  of  Management  shall  not  make  any  statute
or  any  amendment  of  the  statutes  affecting  the  status,  powers  or
constitution of any existing authority of the University until such authority
has  been  given  an  opportunity  of  expressing  an  opinion  on  the  proposal,
and  any  opinion  so  expressed  shall  be  in  writing  and  shall  be  considered
by  the  Governing  Body.

(4)  Every  such  statute  or  addition  to  the  statutes  or  any  amendment
or repeal of the statutes shall be subject to the approval of the Government:

Provided  that, no  statutes  shall be  made by  the  Board  of  Management
affecting  the  discipline  of  students  and  standards  of  instruction,  education
and  examination  except  in  consultation  with  the  Academic  Council.

First
Ordinances.

32.

(1)  The  First  Ordinances  of  the  University  shall  be  made  by  the
Vice-Chancellor  which,  after  being  approved  by  the  Governing  Body,  shall
be  submitted  to  the  Government  for  its  approval.

(2)  Subject  to  the  provisions  of  this  Act  or  the  rules  or  statutes  made
thereunder,  the  Board  of  Management  may  make  such  First  Ordinances
with  the  approval  of  the  Governing  Body  as  it  deems  appropriate  for  the
furtherance of the objects of the University and such ordinances may provide
for  all  or  any  of  the  following  matters,  namely :—

(a) the  admission  of  students  to  the  University  and  their

enrolment  as  such;

(b) the  courses  of  study  to  be  laid  down  for  the  degrees,  diplomas

and  certificates  of  the  University;

(c) the  award  of  the  degrees,  diplomas,  certificates  and  other
academic  distinctions,  the  minimum  qualifications  for  the  same  and
the  means  to  be  taken  relating  to  the  granting  and  obtaining  of  the
same;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

15

(d) the  conditions  for  awarding  of  fellowships,  scholarships,

stipends,  medals  and  prizes;

(e) the  conduct  of  examinations,  including  the  terms  of  office  and
manner of  appointment and the  duties of examining  bodies, examiners
and  moderators;

(f) fees  to  be  charged  for  the  various  courses,  examinations,

degrees  and  diplomas  of  the  University;

(g) the  conditions  of  residence  of  the  students  in  the  hostels  of

the  University;

(h) provisions  regarding  disciplinary  action  against  the  students;

(i) the creation, composition and functions of any other body which
is  considered  necessary  for  improving  the  academic  life  of  the
University;

(j) the  manner  of  co-operation  and  collaboration  with  other

Universities  and  institutions  of  higher  education;  and

(k) all  other  matters  which  by  this  Act  or  statutes  made  there-

under  are  required  to  be  provided  by  the  ordinances.

(3)  The  Government  shall  consider  the  First  Ordinances  submitted  by
the Vice-Chancellor under sub-section (2) and shall give its approval within
four  months  from  the  date  of  its  receipt,  with  such  modifications,  if  any  as
it  may  deem  necessary.

33.

(1)  All  ordinances  other  than  the  First  Ordinances  shall  be  made
by  the  Academic  Council  which  after  being  approved  by  the  Board  of
Management  shall  be  submitted  to  the  Governing  Body  for  its  approval.

Subsequent
Ordinances.

(2)  The  Academic  Council  shall  either  modify  the  ordinances
incorporating  the  suggestions  of  the  Board  of  Management  and  the
Governing  Body  or  give  reasons  for  not  incorporating  the  suggestions,  and
shall  return  the  ordinances  along  with  such  reasons,  if  any,  the  Board  of
Management  and  the  Governing  Body  shall  consider  the  comments  of  the
Academic  Council  and  shall  approve  the  ordinances  of  the  University  with
or  without  such  modification  and  then  the  ordinances,  as  approved  by  the
Governing  Body  shall  come  into  force.

34. The authorities of the University may, subject to the prior approval
of  the  Board  of  Management,  make  regulations,  consistent  with  this  Act,
the  rules,  statutes  and  the  ordinances  made  thereunder,  for  the  conduct
of  their  own  business  and  of  the  committees  appointed  by  them.

Regulations.

35.

(1)  Admission  in  the  University  shall  be  made  strictly  on  the

Admissions.

basis  of  merit.

(2)  Merit for  admission  in the  University may  be  determined either  on
the  basis  of  marks  or  grade  obtained  in  the  qualifying  examination  for
admission  and  achievements  in  co-curricular  and  extra  curricular  activities
or  on  the  basis  of  marks  or  grade  obtained  in  the  entrance  test  conducted
at State level either by an association of the Universities conducting similar
courses  or  by  any  agency  of  the  State:

Provided  that,  admission  in  professional  and  technical  courses  shall

be  made  only  through  entrance  test.

¦ÉÉMÉ  +É`öö--64-4

16

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(3)  Seats  for  admission  in  the  University,  for  the  students  belonging
to  Scheduled  Castes,  Scheduled  Tribes,  Vimukta  Jattis,  Nomadic Tribes,
Other  Backward  Classes  and  handicapped  students,  shall  be  reserved  as
per  the  policy  of  the  State  Government :

Provided  that  the  total  reservation  in  any  case  shall  not  exceed  50%.

(4) Out of the total approved intake capacity, 70% of the seats shall be

reserved  for  the  students  having  Domicile  of  Maharashtra.

Fee Structure.

36.

(1)  The  University  may,  from  time  to  time,  prepare  its  fees
structure  and  sent  it  for  approval  of  the  committee  constituted  by  the
State  Government  for  the  purpose.

(2) The Government shall constitute a Fee Structure Review committee,
in  the  manner  as  may  be  prescribed,  to  review  the  fee  structure  proposals
received  from  University.

(3)  The  chairman  for  the  committee  mentioned  under  sub-section (2)
shall be a Retired Justice from Supreme Court or High Court. The chairman
for  the  committee  shall  be  recommended  by  the  Hon’ble  High  Court.

(4)  The  committee  shall  consider  the  fees  structure  prepared  by  the
University,  review  it  and  shall  submit  its  recommendations  to  the
Government  after  taking  into  consideration  whether  the  proposed  fee  is  -

(a)  Sufficient  for  :-

(i)  Generating  resources  for  meeting  the  recurring

expenditure  of  the  University;  and

(ii)  The  savings  required  for  the  further  development  of  the

University;  and

(b)  not  unreasonably  excessive,

(5)  After  receipt  of  the  recommendations  under  sub-section  (4),  if  the
Government is satisfied, it may approve the fee structure. The fee structure
approved  by  the  Government  shall  remain  valid  until  next  revision.

(6)  State  Government  shall  not  reimburse  any  fees  or  shall  not  take
any  financial  liability  for  students  belonging  to  the  backward  classes
admitted  into  the  Self-financed  University.

(7) The  University shall not charge any fees, by whatever name called,

other  than  that  for  which  it  is  entitled  under  sub-section  (5).

37.

(1)  No  capitation  fee  shall  be  collected  by  or  on  behalf  of  Spicer
Adventist University or by any person who is in charge of, or is responsible
for,  the  management  of  such  institution,  from  or  in  relation  to  any  student
in  consideration  of  his  admission  to  and  prosecution  of  any  course  of  study
or  of  his  promotion  to  a  higher  standard  or  class  in  such  institution.
As  provided  by  the  Maharashtra  Educational  Institutions  (Prohibition  of
Capitation  Fee)  Act,  1987  (Collection  of  capitation  fee  prohibited).

(2)  Notwithstanding  anything  contained  in  sub-section  ( I),  the
management  may  in  good  faith  collect  or  accept  donations  in  cash  or  kind,
in  the  prescribed  manner,  from  benevolent  persons  or  organization  or
public  trusts  or  any  other  association  of  persons,  for  opening  of  new
educational  institutions  of  for  creation  of  endowment  fund  for  award  of
scholarship,  prizes  or  the  like,  but  while  collecting  or  accepting  such
donations  the  management  shall  not  reserve  any  seats  in  any  educational
institution  run  by  it  in  consideration  of  such  donations.

Mah.
VI  of
1988.

Prohibition  of
Capitation
Fee.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

17

Examinations.

Where in consideration of accepting such donations any seat is reserved
for admission to any student in such institution such acceptance of donation
shall  be  deemed  to  be  collection  of  capitation  fee.

38. At  the  beginning  of  each  academic  session  and  in  any  case  not
later  than  30th  June  of  every  calendar  year,  the  University  shall  prepare
and  publish  a  semester-wise  or  annual,  as  the  case  may  be,  Schedule  of
Examinations  for  each  and  every  course  conducted  by  it  and  shall  strictly
adhere  to  such  Schedule.

Explanation:  —  Schedule  of  Examination  means  a  table  giving  details
about  the  time,  day  and  date  of  the  commencement  of  each  paper  which  is
a part of a Scheme of Examinations and shall also include the details about
the  practical  examinations:

Provided  that,  if  for  any  reason  whatsoever,  University  is  unable  to
follow this  Schedule, it  shall,  as  soon  as  practicable, submit  a  report  to the
Government  giving  the  detailed  reasons  for  making  a  departure  from  the
published  Schedule  of  Examination.  The  Government  may,  thereon,  issue
such  directions  as  it  may  deem  fit  for  better  compliance  in  future.

39.

(1)  The  University  shall  strive  to  declare  the  results  of  every
examination  conducted  by  it  within  thirty  days  from  the  last  date  of  the
examination for a particular course and shall in any case declare the results
latest  within  forty-five  days  from  such  date:

Declaration
of  Results.

Provided  that  if,  for  any  reason  whatsoever,  the  University  is  unable
to  finally  declare  the  results  of  any  examination  within  the  period  of  forty-
five  days,  it  shall  submit  a  report  incorporating  the  detailed  reasons  for
such  delay  to  the  Government.  The  Government  may,  thereon,  issue  such
directions  as  it  may  deem  fit  for  better  compliance  in  future.

(2)  No  examination  or  the  results  of  an  examination  shall  be  held
invalid  only  for  the  reasons  that  the  University  has  not  followed  the
Schedule  of  Examination  as  stipulated  in  section  38  and  in  this  section.

40. The convocation of the University shall  be held in every academic
year  in  the  manner  as  may  be  specified  by  the  statutes  for  conferring
degrees,  diplomas  or  for  any  other  purpose.

Convocation.

41. The  University  shall  obtain  accreditation  from  the  National
Council  of  Assessment  and  Accreditation  (NAAC),  Bangalore  within  three
years  of  its  establishment  and  inform  the  Government  and  such  other
regulating  bodies  which  are  connected  with  the  courses  taken  up  by  the
University about the grade provided by NAAC to the University. University
shall  get  renewed  such  accreditation  at  an  interval  of  every  five  years
thereafter.

42. Notwithstanding  anything  contained  in  this  Act,  the  University
shall  be  bound  to  comply  with  all  the  rules,  regulations,  norms,  etc.  of  the
regulating  bodies  and  provide  all  such  facilities  and  assistance  to  such
bodies  as  are  required  by  them  to  discharge  their  duties  and  carry  out
their  functions.

43.

(1)  The  annual  report  of  the  University  shall  be  prepared  by  the
Board  of  Management  which  shall  include  among  other  matters,  the  steps
taken  by  the  University  towards  the  fulfillment  of  its  objects  and  shall  be
approved  by  the  Governing  Body  and  copy  of  the  same  shall  be  submitted
to  the  sponsoring  body.
¦ÉÉMÉ  +É`öö--64-4+

Accreditation
of the
University.

University  to
follow rules,
regulation,
norms  etc.  of
the
regulating
bodies.

Annual
Report.

18

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(2)  Copies  of  the  annual  report  prepared  under  sub-section  (1)  shall

also  be  presented  to  the  Government.

(3)  The  State  Government  shall  cause  such  report  to  be  laid  before

each  house  of  the  State  Legislature.

Annual
accounts  and
audit.

44.

(1) The annual accounts including balance sheet of the University
shall  be  prepared  under  the  directions  of  the  Board  of  Management  and
the  annual  accounts  shall  be  audited  at  least  once  in  every  year  by  the
auditors  appointed  by  the  University  for  this  purpose.

(2)  A  copy  of  the  annual  accounts  together  with  the  audit  report  shall

be  submitted  to  the  Governing  Body.

(3)  A  copy  of  the  annual  accounts  and  audit  report  alongwith  the
observations  of  the  Governing  Body  shall  be  submitted  to  the  sponsoring
body.

(4)  Copies  of  annual  accounts  and  balance  sheet  prepared  under  sub-

section  (1)  shall  also  be  presented  to  the  Government.

(5)  The  advice  of  the  Government,  if  any,  arising  out  of  the  accounts
and  audit  report  of  the  University  shall  be  placed  before  the  Governing
Body  and  the  Governing  Body  shall  issue  such  directions,  as  it  may  deem
fit  and  compliance  thereof  shall  be  reported  to  the  Government.

Powers  of  the
Government
to  inspect  the
University.

45.

(1)  For  the  purpose  of  ascertaining  the  standards  of  teaching,
examination  and  research  or  any  other  matter  relating  to  the  University,
the  Government  may,  after  consultation  with  the  Vice-  Chancellor,  cause
an  assessment  to  be  made  in  such  manner  as  may  be  prescribed,  by  such
person  or  persons  as  it  may  deem  fit.

(2)  The  Government  shall  communicate  to  the  University  its
recommendations  in  regard  to  the  result  of  such  assessment  for  corrective
action  and  the  University  shall  take  such  corrective  measures  as  are
necessary  so  as  to  ensure  the  compliance  of  the  recommendations.

(3)  If  the  University  fails  to  comply  with  the  recommendations  made
under  sub-section  (2)  within  a  reasonable  time,  the  Government  may  give
such directions as it may deem fit which shall be binding on the University.

Dissolution  of
the  University
by  sponsoring
body.

46.

(1) The  sponsoring  body  may  dissolve  the  University  by  giving  a
notice  to  this  effect  to  the  Government,  the  employees  and  the  students  of
the  University  at  least  one  year  in  advance:

Provided  that  dissolution  of  the  University  shall  have  effect  only  after
the  last  batches  of  students  of  the  regular  courses  have  completed  their
courses  and  they  have  been  awarded  degrees,  diplomas  or  awards,  as  the
case  may  be.

(2) On  the  dissolution  of  the  University  all  the  assets  and  liabilities

of  the  University  shall  vest  in  the  sponsoring  body:

Provided  that  in  case  the  sponsoring  body  dissolves  the  University
before twenty five years of its establishment all the assets of the University
shall  vest  in  the  Government  free  from  all  encumbrances.

Special
powers  of  the
State
Government
in  certain
circumstances.

47.

(1)  If  it  appears  to  the  Government  that  the  University  has
contravened  any  of  the  provisions  of  this  Act  or  the  rules,  statutes  or
ordinances  made  thereunder  or  has  contravened  any  of  the  directions
issued by it under this Act or has ceased to carry out any of the undertakings
given  under  section  5  of  the  Spicer  Adventist  University  Act,  2014  or  a

Mah.
XIV  of
2014.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

19

situation  of financial  mis-management  or  mal  administration  has  arisen  in
the  University,  it  shall  issue  notice  requiring  the  University  to  show  cause
within  forty  five  days  as  to  why  an  order  of  its  liquidation  should  not  be
made.

(2)  If  the  Government,  on  receipt  of  reply  of  the  University  on  the
notice  issued  under  sub-section  (1),  is  satisfied  that  there  is  a prima  facie
case  of  contravening  all  or  any  of  the  provisions  of  this  Act  or  the  rules,
statutes or ordinances made thereunder or of contravening directions issued
by  it  under this  Act  or  of ceasing  to  carry  out  the undertaking  given  under
section  5  of  the  Spicer  Adventist  University  Act,  2014  or  of  financial  mis-
management or mal-administration,  it shall make  an order of such enquiry
as  it  may  consider  necessary.

Mah.
XIV  of
2014.

(3)  The  Government  shall,  for  the  purpose  of  any  enquiry  under  sub-
section  (2),  appoint  an  inquiry  officer  or  officers  to  inquire  into  any  of  the
allegations  and  to  make  report  thereon.

(4)  The  inquiry  officer  or  officers  appointed  under  sub-section  (3)  shall
have the same powers as are  vested in a civil court under the Code of Civil
Procedure,  1908  while  trying  a  suit  in  respect  of  the  following  matters,
namely  :—

5  of
1908.

(a)  Summoning  and  enforcing  the  attendance  of  any  person  and

examining  him  on  oath;

(b)  requiring  the  discovery  and  production  of  any  such  document

or  any  other  material  as  may  be  predicable  in  evidence;

(c)  requisitioning  any  public  record  from  any  court  or  office;  and

(d)  any  other  matter  which  may  be  prescribed.

(5)  The  inquiry  officer  or  officers,  inquiring  under  this  Act,  shall  be
deemed  to  be  a  civil  court  for  the  purposes  of  section  195  and  Chapter  26
of  the  Code  of  Criminal  Procedure,  1973.

2  of
1974.

Mah.
XIV  of
2014.

(6)  On  receipt  of  the  enquiry  report  from  the  officer  or  officers
appointed  under  sub-section  (3),  if  the  Government  is  satisfied  that  the
University  has  contravened  all  or  any  of  the  provisions  of  this  Act  or  the
rules,  statutes,  or  ordinances  made  thereunder  or  has  violated  any  of  the
directions  issued  by  it  under  this  Act  or  has  ceased  to  carry  out  the
undertakings given by it under section 5 of the Spicer Adventist University
Act,  2014  or  a  situation  of  financial  mis-management  and  mal-
administration  has  arisen  in  the  University  which  threatens  the  academic
standard  of  the  University,  it  shall  issue  orders  for  the  liquidation  of  the
University  and  appoint  an  administrator.

(7)  The  administrator  appointed  under  sub-section  (6)  shall  have  all
the  powers  and  be  subject  to  all  the  duties  of  the  Governing  Body  and  the
Board  of  Management  under  this  Act  and  shall  administer  the  affairs  of
the  University  until  the  last  batch  of  the  students  of  the  regular  courses
have  completed  their  courses  and  they  have  been  awarded  degrees,
diplomas  or  awards,  as  the  case  may  be.

(8)  After having  awarded  the degrees,  diplomas or  awards,  as the  case
may  be,  to  the  last  batches  of  the  students  of  the  regular  courses,  the
administrator  shall  make  a  report  to  this  effect  to  the  Government.

20

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(9)  On  receipt  of  the  report  under  sub-section  (8),  the  Government
shall,  by  notification  in  the Official  Gazette,  issue  an  order  dissolving  the
University  and  from  the  date  of  publication  of  such  notification,  the
University  shall  stand  dissolved  and  all  the  assets  and  liabilities  of  the
University  shall  vest  in  the  sponsoring  body  from  such  date.

Power  to
make  Rules.

48.

(1)  The  Government  may,  by  notification  in  the Official  Gazette,

make  rules  for  carrying  out  the  provisions  of  this  Act.

(2)  Without  prejudice  to  the  generality  of  the  foregoing  power,  such

rules  may  provide  for  all  or  any  of  the  following  matters,  namely:-

(a)  Matter  to  be  prescribed  under  clause  (d)  of  sub-section  (4)  of

section  47;  and

(b)  other  matters  which  are  required  to  be,  or  may  be,  prescribed

by  rules  under  this  Act.

(3)  All  the  rules  made  under  this  Act  shall  be  laid,  as  soon  as  may  be
after  they  are  so  made,  before  the  State  Legislative  Assembly,  while  it  is
in  session,  for  a  period  of  not  less  than  ten  days  which  may  be  comprised
in one session or in  two successive sessions,  and  if,  before  the  expiry  of the
session  in  which  they  are  so  laid  or  of  the  session  immediately  following,
the State Legislature makes any modification in any of such rules or agrees
that  any  such  rules  should  not  be  made,  such  rules  shall  thereafter  have
effect  only  in  such  modified  form  or  be  of  no  effect,  as  the  case  may  be,  so
however, that any such modification or annulment shall be without prejudice
to  the  validity  of  anything  previously  done  thereunder.

Power  to
remove
difficulties.

49.

(1)  If any  difficulty  arises  in giving  effect to the provisions of this
Act, the Government may, by  order published in the Official Gazette,  make
provisions,  not  inconsistent  with  the  provisions  of  this  Act,  as  appear  to
it  to  be  necessary  or  expedient  for  removing  the  difficulty.

(2) Every order made under this section shall, as soon as may be after

it  is  made,  be  laid  before  the  State  Legislative  Assembly.

Regulatory
Board.

50. A  Regulatory  Board  shall  be  established  as  an  independent  body
by  the  State  Government  in  such  manner  as  may  be  prescribed,  for  the
purpose  of  providing  a  regulatory  mechanism  and  for  the  purpose  of
ensuring  appropriate  standards  of  teaching,  examination,  research,
extension  programme,  protection  of  interest of  the  students and  reasonable
service conditions of the employees are being maintained by the University.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 24, 2014/+É¹ÉÉfø 3, ¶ÉEäò 1936

21

51. There  shall  be  a  secretarial  committee  in  order  to  verify  and
ensure  fulfillment  of  the  tasks  as  per  the  undertakings  provided  by  the
sponsoring  body  and  compliance  to  the  guidelines  for  self-financed
University  as  per  GR  No.  :  USG.  2006/(254/2006)/UNI-4  dated  29th  May
2013.  The Committee  shall submit its report to the  Government.  The State
Government  shall  then,  publish  the  notification,  only  after  which  the
University  shall  become  operational.

The  Committee  shall  consist  of  Secretaries  of  Higher  and  Technical
Education  Department,  Finance  Department  and  Planning  Department.

Secretarial
Committee.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY    SHRI  PARSHURAM  JAGANNATH  GOSAVI,  PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY  AND  PUBLICATION,  21-A,  NETAJI  SUBHASH ROAD,  CHARNI  ROAD,  MUMBAI  400  004,  EDITOR  :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

